The
Zoning Meeting
of the Board of
was held on this date with the following
Commissioners present:
John E. Manning, Chairman
Absent: Commissioner
Cecil L Pendergrass
The Chairman called the meeting to order at 9:30 a.m., announced that Commissioner Pendergrass was
attending a NACo (
National Association of Counties) Conference today, and that the zoning cases would be
heard first followed by a request for amendment to the Comp Plan
A COPY OF THE HEARING EXAMINER’S RECOMMENDATION IS ON FILE IN THE MINUTES
OFFICE.
NAME
KENWOOD
LANE SELF STORAGE
REQUEST
Rezone 0.88± acres from Tourist Commercial (CT) to Commercial Planned
Development (CPD) to permit a maximum of 46,000 square feet of self-storage
facility, with a maximum building height of 45 feet.
LOCATION
12830 Kenwood Lane,
South Fort Myers Planning Community,
Lee County,
PROPERTY OWNER’S
REPRESENTATIVE
Stacy Hewitt
10511 Six Mile Cypress Pkwy., Ste. 101
Community Development Senior Planner Alvin “Chip” Block reviewed the request, stated that the Hearing
Examiner (HEX) and Staff recommended approval and there were no Participants of record. The Applicant
noted concurrence, and the Chairman called for public comment and there were no speakers. Commissioner
Mann moved approval, seconded by Commissioner Hamman, called and carried with Commissioner
Pendergrass absent.
RESOLUTION No.-Z-16-018
DRI2015-00009 & DCI2015-00024
NAME
THREE OAKS 106 RPD (Continued from 10/05/2016 BoCC Hearing)
▪
DCI2015-00024
Rezone 105.5± acres from Commercial Planned Development (CPD) to Residential Planned
Development (RDI) to allow up to a maximum of 400 residential dwelling units (single-family
and/or two-family attached) with a maximum building height of up to 35 feet. The project will
connect to potable water and sanitary sewer service. No development blasting is being requested.
▪
DRI2015-00009
A request for the 7
th
Amendment to
Lee County Development of Regional Impact No. DRI 4-
8485-54, to eliminate 1,346,000 square feet of retail and office uses to allow up to a maximum of
400 residential dwelling units (single-family and/or two-family attached.)
LOCATION
Southwest corner of Alico Road and Three Oaks Parkway,
San Carlos Planning
Community,
Lee County,
Florida.
PROPERTY OWNER’S
REPRESENTATIVE Jennifer Sapen
Barraco & Associates, Inc.
2271 McGregor Blvd., Ste. 100
Community Development Senior Planner Alvin “Chip” Block summarized the requests, pointing out two (2)
separate cases shown on aerial photographs, and stated that the Hearing Examiner and Staff recommended
approval, and there were two (2) Participants of Record. The Chairman called for comments by the Applicant
and Applicant’s Representative, Attorney Russell Schropp (
Henderson Franklin Law Firm), stated Applicant’s
concurrence to both requests and asked for the Board’s approval of both the zoning and the DRI. He delineated
minor changes to the Development Order and requested that the changes would not constitute a substantial
deviation and that they had been approved by the
Regional Planning Council, Staff and the Hearing Examiner.
The Chairman called on the Participants of Record and there were no speakers. Commissioner Hamman moved
approval with the stipulation that the changes to the DRI would not constitute a substantial deviation, seconded
by Commissioner Kiker, called and carried with Commissioner Pendergrass absent.
RESOLUTION No. Z-16-008.
DCI 2015-00015 & REZ2015-00009
NAME
BAY HARBOUR MARINA VILLAGE MPD
REQUEST
Rezone 7.58± acres from Light Industrial (IL), Marine Industrial (MI),
Commercial C-2, and Mobile Home Residential (MH-2) to Mixed Use Planned
Development (MPD) to permit a maximum of 113 residential dwelling units,
including 38 Bonus Density units, a marina with 286 dry boat slips, 29 wet boat
slips, a boat launching facility, 30,000 square feet of commercial retail/office and
mini-storage, and a parking garage for a minimum of 500 parking spaces,
including a minimum of 200 public parking spaces, with a maximum building
height of 175 feet. No development blasting is proposed Development will
connect to public potable water and sanitary sewer service.
Requested to participate in
Lee County’s Bonus Density Housing Program under
the provisions of the
Lee County Land Development Code Chapter 2, Article IV,
Divisions 1 & 2, and
Lee County Administrative Code AC-13-5. Site-built units,
for up to 38
Work Force income housing units.
LOCATION
1135, 1145, 1185 and 1195 Main St. and 19230, 19210 and 19170 Sea Side Dr.
and 821 Oak St., Iona/McGregor Planning Community,
Lee County, FL
PROPERTY OWNER’S
REPRESENTTIVE James Ink
Inkwerks Coastal Design
2055 West First Street
Managing Assistant County Attorney
Michael Jacob informed the Board that the Applicant requested a remand
back to Staff, and that the County Attorney (CAO) recommended a remand back to Staff for review, which
would restart the zoning process. Following extensive Board discussion, with procedural guidance by County
Attorney
Richard Wm.Wesch and
Managing Assistant County Attorney
Michael Jacob, the Chairman called for
input by the Applicant. Applicant’s Representative Russell Schropp (
Henderson-Franklin Law Firm) stressed
the necessity for the zoning and comprehensive plan amendment cases to be heard together and urged the Board
to remand the case back to Staff, noting that doing so would allow the Applicant to go back to the Hearing
Examiner, which he felt was critical and essential to ensure a fair hearing. Commissioner Kiker moved
approval, seconded by Commissioner Hamman. The Chairman called for public comment and there were 13
Participants:
Fort Myers Beach resident
Henry R. Blakley
Representing
San Carlos Island property owners Attorney Ralf Brookes
Fort Myers Beach resident
Larry Cripps
Fort Myers Beach resident
Laura Danner
Fort Myers Beach resident
James Funk
Fort Myers Beach resident
Brad Glover
Fort Myers Beach resident
Lois Jenkins
Representing the
Fort Myers Beach Town Council Attorney
Matt Noble
MINUTES OF 111616ZCP
Fort Myers Beach resident Bill Semmer (
Handout)
Fort Myers Beach resident Joanne Semmer
Fort Myers Beach resident
Nicholas J. White
Representing the
Fort Myers Beach Civic Association Charlie Whitehead
Fort Myers Beach resident Paul Yacobelli
After brief Board dialog, the Motion was called and carried with Commissioner Pendergrass absent.
CPA2015-00005-
BAY HARBOUR MARINA VILLAGE
REQUEST: Amend
Lee Plan Map 1, Page 1, the Future Land Use Map, to change the future land use
category for a 7.58 acre property from Industrial Development and Suburban to Central
Urban. Amend
Lee Plan Map 1, Page 6, Special Treatment Areas, to add the subject
property to the Mixed Use Overlay.
LOCATION: This is a text amendment.
Managing Assistant County Attorney
Michael Jacob apprised the Board of Petitioner’s request for a
continuance of the Comprehensive Plan Amendment with the intention of bringing it back to be heard after the
zoning case had been re-reviewed by Staff and sent to the Hearing Examiner (HEX). Attorney Jacob indicated
that the reason for this request was to have the zoning and Comprehensive Plan Amendment cases heard
consecutively. The Chairman called on the Applicant and Applicant’s representative Russell Schropp
(
Henderson-Franklin Law Firm) urged the Board to approve a continuation of the Comp Plan Amendment until
it could be heard in conjunction with the zoning case. Attorney Jacob responded to questions by Commissioner
Kiker, opining that the zoning case cannot be approved without approval of the Comprehensive Plan
Amendment. The Chairman called for public comment on the request for continuance and there were thirteen
(13)
participants:
Representing
San Carlos Island property owners Attorney Ralf Brookes
Representing the
Fort Myers Beach Civic Association Charlie Whitehead
Fort Myers Beach resident Joanne Semmer
Fort Myers Beach resident
Nicholas White
Fort Myers Beach resident Paul Vacobelli
Fort Myers Beach resident Bill Semmer
Fort Myers Beach resident
Lois Jenkins
Fort Myers Beach resident
Laura Danner
Representing the
Fort Myers Beach Town Council Matt Noble
Fort Myers Beach resident
Brad Glover
Fort Myers Beach resident
James Funk
Fort Myers Beach resident
Allan Houston
After brief Board discussion Commissioner Kiker moved to continue the Comprehensive Plan Amendment,
seconded by Commissioner Hamman, called and carried with Commissioner Mann voting nay and with
Commissioner Pendergrass absent.
The Chairman adjourned the meeting at 11:05 a.m.
__________________________
_____________________________
Chairman,
Lee County Commission